Maternity sickness & HR

Invalid_Username

Hi all,

My partner is going back to work shortly after a years maternity leave. Prior to giving birth she was full time employed by the NHS.

She intends to return to the NHS but due to bullying from her manager (three people have left over this so far) she’s using this opportunity to move hospitals. She’s been accepted for a job in a different NHS trust at a different hospital subject to references and checks etc.

She had a rough and complicated pregnancy. She was classed as high risk due to issues with the baby (thankfully fit and healthy when born) but it also made her ill. As such she went from a good sickness record to one where she had quite a bit of time off.

I know maternity sick leave cannot be counted as normal sickness and can’t be used for disciplinary action etc. but her HR seem to think different.

Her new hospital has asked about sickness and her old hospital has sent it all over as sickness. The odd day off, plus maternity sick. They’ve sent it as all sick and not mentioned maternity sickness.

My partner called HR but they refused to change it and refused to state it was maternity sickness, stating this was just how they did it.

This seems to me to be maternity discrimination but I’m struggling to get advice.

Any experienced this or advise?

[Deleted User]

Until you know how the new hospital is going to deal with this don't worry. She needs to let them know it was maternity related and can evidence this if they require. Until such point they withdraw the job offer there is no discrimination.

Comms69

Not sure it’s discrimination, as it is still sick leave; they haven’t lied.

But the key issue is do her new employer believe her?

Invalid_Username

Would the first hospital also not be discriminating by recording all the maternity sick as standard sick and providing a reference based on that?

[Deleted User]

Invalid_Username wrote: »

Would the first hospital also not be discriminating by recording all the maternity sick as standard sick and providing a reference based on that?

Not necessarily, they were asked for sickness record and they provided it. Nothing says they shouldn't just that she shouldn't be discriminated against because of it.

Masomnia

_shel wrote: »

Not necessarily, they were asked for sickness record and they provided it. Nothing says they shouldn't just that she shouldn't be discriminated against because of it.

Disagree.

Personally I think it's highly likely that it's discriminatory. Maybe explain the situation to the new employer and hope for the best. If she doesn't get the job as a result she should seek legal advice.